TRAINING SUPPORT PACKAGE (TSP) TSP Number / Title L327 / ENFORCE THE EQUAL OPPORTUNITY PROGRAM Effective Date 01 Oct 2004 Supersedes TSP(s) / Lesson(s) TSP Users Proponent Improvement Comments L327, Enforce the Equal Opportunity Program, Version 1, Oct 03 600-BNCOC, Basic Noncommissioned Officer Course The proponent for this document is the Sergeants Major Academy. Users are invited to send comments and suggested improvements on DA Form 2028, Recommended Changes to Publications and Blank Forms. Completed forms, or equivalent response, will be mailed or attached to electronic e-mail and transmitted to: COMDT USASMA ATTN ATSS DC BLDG 11291 BIGGS FIELD FT BLISS TX 79918-8002 Telephone (Comm) (915) 568-8875 Telephone (DSN) 978-8875 E-mail: atss-dcd@bliss.army.mil Security Clearance / Access Foreign Disclosure Restrictions Unclassified FD5. This product/publication has been reviewed by the product developers in coordination with the USASMA foreign disclosure authority. This product is releasable to students from all requesting foreign countries without restrictions. 1
PREFACE Purpose This Training Support Package provides the instructor with a standardized lesson plan for presenting instruction for: Task Number Task Title 121-050-8010 Enforce Compliance with the Army's Equal Opportunity and Sexual Harassment Polices and Program 2
This TSP Contains TABLE OF CONTENTS PAGE Preface... 2 Lesson Section I Administrative Data... 4 Section II Introduction... 7 Terminal Learning Objective - Determine individual and leader actions to ensure compliance with the Army's Equal Opportunity (EO) Program... 7 Section III Presentation... 10 Section IV Summary... 12 Section V Student Evaluation... 13 Appendix A - Viewgraph Masters (N/A) A -... 1 Appendix B - Test(s) and Test Solution(s) (N/A) B -... 1 Appendix C - Practical Exercises and Solutions C -... 1 Appendix D - Student Handouts D -... 1 3
ENFORCE THE EQUAL OPPORTUNITY PROGRAM L327 / Version 1 01 Oct 2004 SECTION I. ADMINISTRATIVE DATA All Courses Including This Lesson Task(s) Taught(*) or Supported Course Number Version Course Title 600-BNCOC 1 Basic Noncommissioned Officer Course Task Number Task Title 121-050-8010 Enforce Compliance with the Army's Equal Opportunity and Sexual Harassment Polices and Program Reinforced Task(s) Task Number None Task Title Academic Hours The academic hours required to teach this lesson are as follows: Test Test Review Resident Hours/Methods 1hr 0 hrs 0 hrs /Conference/Discussion Total Hours: 1 hr Test Lesson Number Testing (to include test review) Hours N/A Lesson No. Prerequisite Lesson(s) Lesson Number None Lesson Title Clearance Access Foreign Disclosure Restrictions Security Level: Unclassified Requirements: There are no clearance or access requirements for the lesson. FD5. This product/publication has been reviewed by the product developers in coordination with the USASMA foreign disclosure authority. This product is releasable to students from all requesting foreign countries without restrictions. References Number Title Date Additional Information AR 600-20 ARMY COMMAND POLICY 13 May 2002 4
Student Study Assignments Instructor Requirements Before class-- Read Student Handouts 1 thru 4. Complete PE-1. During class-- Participate in classroom discussion. After class-- Turn in recoverable reference materials. 1:16, BNCOC graduate, served as a squad leader, ITC, SGITC qualified Additional Name Support Personnel Requirements None Equipment Id Required Name for Instruction 441-06 LCD PROJECTION SYSTEM 559359 SCREEN PROJECTION 702101T134520 DELL CPU, MONITOR, MOUSE, KEYBOARD 7110-00-T81-1805 DRY ERASE BOARD 7510-01-424-4867 EASEL, (STAND ALONE) WITH PAPER * Before Id indicates a TADSS Stu Ratio Stu Ratio Qty Instr Ratio Man Hours Spt Qty Exp 1:16 1:1 No 1 No 1:16 1:1 No 1 No 1:16 1:1 No 1 No 1:16 1:1 No 1 No 1:16 1:1 No 1 No Materials Required Classroom, Training Area, and Range Requirements Ammunition Requirements Instructor Materials: TSP. Solution to PE-1. Student Materials: Pen or pencil and writing paper. Student Handouts 1 thru 4. PE-1. CLASSROOM, GENERAL PURPOSE, 600 SF, 16 PN Id Name Exp Stu Ratio Instr Ratio None Spt Qty 5
Instructional Guidance NOTE: Before presenting this lesson, instructors must thoroughly prepare by studying this lesson and identified reference material. NOTE: USASMA expects you to know the information in this TSP well enough to teach from it, not read from it. NOTE: The Installation Equal Opportunity Advisor (EOA) should be available for consultation prior to class. Before class-- Issue SH-1 thru SH-4 and Practical Exercise 1 during inprocessing. Inform students they must read SH-1 thru SH-4, and complete Practical Exercise 1 as a homework assignment prior to class. Read and study all TSP material and be ready to conduct the class. During class-- Conduct the class in accordance with this TSP. Use the questions in PE-1 to stimulate student discussion during the class. Hand out Student Handout 4 when indicated in this TSP. Hand out Solution to Practical Exercise 1 at end of class. After class-- Collect all recoverable materials after the class. Proponent Lesson Plan Approvals Name Rank Position Date Colyer, Donald J. GS09 Training Specialist Bennett-Green, Agnes SGM Chief, B/ANCOC Bucher, George V. GS11 Chief, CMD Lemon, Marion SGM Chief, CDDD 6
SECTION II. INTRODUCTION Method of Instruction: Conference / Discussion Technique of Delivery: Small Group Instruction (SGI) Instructor to Student Ratio is: 1:16 Time of Instruction: 5 mins Media: None Motivator Platoons and companies are the levels of the Army where soldiers spend most of their military careers. Each becomes a tightly knit family where soldiers know one another very well--their likes and dislikes, their faults and strengths, their beliefs and ideas, and their similarities and differences. These small groups of soldiers determine to a large extent whether wars are won or lost. As leaders, it is your responsibility not only to recognize and manage differences among yourselves, but also recognize and manage differences among those you lead. It is imperative that you recognize and manage diversity so that it does not interfere with the Army s mission effectiveness or ability to fight and win on the battlefield. Your challenge is to execute your leadership duties so as to support the Army s Equal Opportunity Program by fostering mutual respect and dignity for soldiers through your personal conduct and professional leadership. Terminal Learning Objective NOTE: Inform the students of the following Terminal Learning Objective requirements. At the completion of this lesson, you [the student] will: Action: Conditions: Standards: Determine individual and leader actions to ensure compliance with the Army's Equal Opportunity (EO) Program. As a section leader in a classroom environment given extracts from AR 600-20, TSP 121-050-8010, and student handouts. Determined individual and leader actions to ensure compliance with the Army s Equal Opportunity (EO) Program IAW AR 600-20 and TSP 121-050-8010. Safety Requirements Risk Assessment Level None Low 7
Environmental Considerations Evaluation Instructional Lead-In NOTE: It is the responsibility of all soldiers and DA civilians to protect the environment from damage. None None Let me share with you information from the Army Policy Memorandum on Equal Opportunity signed by the Army Chief of Staff and the Secretary of the Army: America s Army serves as the nation s leader in equal opportunity. This success comes from total commitment to the ideals upon which our country was founded. We must continue our strong leadership in this area to ensure equal opportunity for all. To accomplish this, we, the Army s senior leadership, reaffirm our commitment to these principles and will work to ensure the equal opportunity and freedom from sexual harassment are standard in America s Army. People are the cornerstone of readiness. Sophisticated weapons systems and modern technology are of little value without a dedicated, trained team of professional soldiers and civilians. They must know they will be treated fairly, and with dignity and respect in all aspects of performing the mission. They have a right to expect from their leadership an environment in which their efforts can be fully directed toward mission accomplishment and not detracted by unequal treatment. Leaders are expected to enforce the Army s standards. 8
Instructional Lead-In, continued We are justifiably proud of the many accomplishments the Army has made in the field of human rights; however, much remains to be done. Leaders at all levels must continue to ensure the environment, in which our soldiers and civilians work and live, is free from discriminatory practices. Each individual has a right to compete for advancement based upon abilities and merit, irrespective of race, color, religion, gender, or national origin. Army civilians are further protected against discrimination based on age and physical or mental disability. Leaders at all levels have an obligation to create and maintain an environment with zero tolerance for discrimination and harassment. We must continue to demonstrate that America s Army is the equal opportunity leader for the nation and the institution where men and women of diverse backgrounds can achieve their full potential in support of the Army s mission. 9
SECTION III. PRESENTATION 1. Learning Step / Activity 1. Discuss the key elements of the EO policy. Method of Instruction: Conference / Discussion Technique of Delivery: Small Group Instruction (SGI) Instructor to Student Ratio: 1:16 Time of Instruction: 5 mins Media: None NOTE: Refer students to PE-1. Use the questions to stimulate the group discussion. Select different students to give their answers to questions 1 thru 3. Allow them to briefly discuss any disagreements they have. Use the solution to the PE on p C-6 to verify the students answers are correct. 2. Learning Step / Activity 2. Discuss unit leadership responsibilities for Equal Opportunity and Sexual Harassment policies compliance. Method of Instruction: Conference / Discussion Technique of Delivery: Small Group Instruction (SGI) Instructor to Student Ratio: 1:16 Time of Instruction: 10 mins Media: None NOTE: Refer students to PE-1. Use the questions to stimulate the group discussion. Select different students to give their answers to questions 4 thru 7. Allow them to briefly discuss any disagreements they have. Use the solution to the PE on p C-6 to verify the students answers are correct. 3. Learning Step / Activity 3. Discuss the different behaviors that constitute EO and sexual harassment violations. Method of Instruction: Conference / Discussion Technique of Delivery: Small Group Instruction (SGI) Instructor to Student Ratio: 1:16 Time of Instruction: 10 mins Media: None NOTE: Refer students to PE-1. Use the questions to stimulate the group discussion. Select different students to give their answers to questions 8 thru 12. Allow them to briefly discuss any disagreements they have. Use the solution to the PE on pp C-6 and C-7 to verify the students answers are correct. 4. Learning Step / Activity 4. Discuss appropriate individual and leader actions that prevent sexual harassment. Method of Instruction: Conference / Discussion Technique of Delivery: Small Group Instruction (SGI) Instructor to Student Ratio: 1:16 Time of Instruction: 5 mins Media: None NOTE: Refer students to PE-1. Use the questions to stimulate the group discussion. Select different students to give their answers to questions 13 thru 17. Allow them to briefly discuss any disagreements they have. Use the solution to the PE on pp C-7 and C-8 to verify the students answers are correct. 10
5. Learning Step / Activity 5. Discuss leader actions to resolve EO complaints. Method of Instruction: Conference / Discussion Technique of Delivery: Small Group Instruction (SGI) Instructor to Student Ratio: 1:16 Time of Instruction: 10 mins Media: None NOTE: Refer students to Student Handout 4. Have them read it and solicit answers from them to the following questions: What steps must SGT Green take to submit an EO complaint against SFC Brown? What actions can SGT Green s commander take to resolve her complaint? What actions can you take to prevent incidents of intimidation, harassment, or reprisal? NOTE: Use the students answers for the PE when asking the questions above and clarify any questions that students might have. 11
SECTION IV. SUMMARY Method of Instruction: Conference / Discussion Technique of Delivery: Small Group Instruction (SGI) Instructor to Student Ratio is: 1:16 Time of Instruction: 5 mins Media: None Check on Learning Review / Summarize Lesson None During this lesson we discussed the Army's Equal Opportunity and Equal Employment Opportunity programs to include the prevention of sexual harassment. We have emphasized the policy, individual and leader responsibilities, and your rights. We also identified behaviors that violate the Army's EO/EEO programs and policies and procedures for filing EO complaints. As a leader, your actions, and the actions of your soldiers, must contribute to the Army's ultimate goal to foster mutual dignity and respect among all personnel. 12
SECTION V. STUDENT EVALUATION Testing Requirements NOTE: Describe how the student must demonstrate accomplishment of the TLO. Refer student to the Student Evaluation Plan. None Feedback Requirements NOTE: Feedback is essential to effective learning. Schedule and provide feedback on the evaluation and any information to help answer students' questions about the test. Provide remedial training as needed. None 13
Appendix A - Viewgraph Masters (N/A) A-1
Appendix B - Test(s) and Test Solution(s) (N/A) B-1
Appendix C PRACTICAL EXERCISE 1 Title Lesson Number / Title Introduction Motivator Terminal Learning Objective ENFORCE THE EQUAL OPPORTUNITY PROGRAM L327 version 1 / ENFORCE THE EQUAL OPPORTUNITY PROGRAM None None NOTE: The instructor should inform the students of the following Terminal Learning Objective covered by this practical exercise. At the completion of this lesson, you [the student] will: Action: Conditions: Standards: Determine individual and leader actions to ensure compliance with the Army's Equal Opportunity (EO) Program. As a section leader in a classroom environment given extracts from AR 600-20, TSP 121-050-8010, and student handouts. Determined individual and leader actions to ensure compliance with the Army s Equal Opportunity (EO) Program IAW AR 600-20 and TSP 121-050-8010. Safety Requirements Risk Assessment Environmental Considerations Evaluation Instructional Lead-In Resource Requirements Special Instructions None Low None At the end of the lesson discussion you will compare your answers with the solution sheet provided by the instructor. None Instructor Materials: Solution to Practical Exercise 1 Student Materials: Pen or pencil and writing paper. Practical Exercise 1. SH-2 thru SH-4. Students receive this practical exercise during in-processing. Students must read the reading assignment and complete the practical exercise prior to class. Students must bring the completed exercise and reading assignments to class. C-1
Procedures QUESTION 1: What is the Army s Equal Opportunity Policy? QUESTION 2: During what periods does this policy apply? a. When in uniform during duty hours, on post. b. Whenever one is officially representing the U.S. Army. c. Both on and off post, during duty, and non-duty hours. d. During duty hours on post, in uniform, or not. QUESTION 3: List the six components of the Army s EO Program: (1) (2) (3) (4) (5) (6) QUESTION 4: Who is the command s EO officer who is personally responsible and accountable for the EO climate within the unit? a. The commander b. The first sergeant c. The platoon Sergeant d. The squad leader QUESTION 5: What is the time limit for a new commander to conduct a unit climate assessment? a. Within 45 days (180 days for USAR units) annually thereafter. b. Within 90 days (120 days for USAR units) annually thereafter. c. Within 90 days (180 days for USAR units) semi-annually thereafter. d. Within 90 days (180 days for USAR units) and annually thereafter. QUESTION 6: Who is primarily responsible for recommending appropriate remedies to eliminate and prevent unlawful discrimination and sexual harassment? a. The commander b. The Equal Opportunity Advisor (EOA) c. The first sergeant d. The Equal Opportunity Representative (EOR) QUESTION 7: To what position must Commanders appoint a member of the chain of command in the rank of SSG through 1LT to assist in carrying out the EO Program? a. Equal Opportunity Advisor (EOA) b. Equal Opportunity Representative (EOR) c. Squad Leader d. Special Emphasis Program Representative (SEPR) C-2
Procedures, continued QUESTION 8: Racism is a concept with behaviors or actions that violate the Army s EO policies. What is the definition of racism? a. A form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. b. Any conduct whereby one military member or employee, regardless of service or rank, unnecessarily causes another military member or employee, regardless of service or rank, to suffer or be exposed to an activity which is cruel, abusive, oppressive, or harmful. c. Any attitude or action by an individual, group, or institution to subordinate another person or group because of skin color or other physical traits associated with a particular group. d. Any practice that have an adverse effect on individuals or groups of individuals because of their race, color, religion, sex, national origin, age, or handicap. QUESTION 9: Sexism is a concept with behaviors or actions that violate the Army s EO policies. What is the definition of sexism? a. A form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.... b. An attitude, behavior, or conditioning that fosters stereotypes of social roles based on sex or gender. c. Any attitude or action by an individual, group, or institution to subordinate another person or group because of skin color or other physical traits associated with a particular group. d. Any practice that have an adverse effect on individuals or groups of individuals because of their race, color, religion, sex, national origin, age, or handicap. QUESTION 10: Prejudice is a concept with behaviors or actions that violate the Army s EO policies. What is the definition of prejudice? a. A negative attitude or feeling toward certain groups based upon faulty and inflexible generalizations. b. Any conduct whereby one military member or employee, regardless of service or rank, unnecessarily causes another military member or employee, regardless of service or rank, to suffer or be exposed to an activity which is cruel, abusive, oppressive, or harmful. c. Any attitude or action by an individual, group, or institution to subordinate another person or group because of skin color or other physical traits associated with a particular group. d. Any practice that have an adverse effect on individuals or groups of individuals because of their race, color, religion, sex, national origin, age, or handicap. C-3
Procedures, continued QUESTION 11: Identify four EO or sexual harassment violations that are subject to the UCMJ listed below: a. Ignoring women or women s issues. b. Making racial or sexual comments and/or gestures. c. Making unsolicited and unwelcome sexual contact with intent to satisfy lust or sexual desire. d. Exclusively using the pronouns he and his, or the word guys, such as this man s Army e. Using degrading terms or words to describe members of a different gender or racial group. f. Influencing or threatening the career, pay, or job of others in exchange for sexual favors. g. Threatening the career, job, or salary of another unless they cooperate. h. Using negative ethnic or gender characteristics as metaphors, i.e., The 1SG is an Indian giver. QUESTION 12: List four actions you, as a unit leader, may take in response to violations of the EO and sexual harassment policies. (1) (2) (3) (4) QUESTION 13: What is the policy of the Army on sexual harassment? QUESTION 14: What is sexual harassment? QUESTION 15: What are the three categories of sexual harassment? (1) (2) (3) QUESTION 16: What are the two types of sexual harassment? (1) (2) QUESTION 17: List five techniques of dealing with sexual harassment. (1) (2) (3) (4) (5) C-4
Feedback Requirements None C-5
SOLUTION TO PRACTICAL EXERCISE 1 QUESTION 1: What is the Army s Equal Opportunity Policy? The U.S. Army will provide equal opportunity and fair treatment for military personnel, family members and DA civilians without regard to race, color, gender, religion, or national origin, and provide an environment free from unlawful discrimination and offensive behavior. Ref: AR 600-20 (SH-2), p 44, para 6-3a QUESTION 2: During what periods does this policy apply? c. Both on and off post, during duty and non-duty hours. Ref: AR 600-20 (SH-2), p 44, para 6-3a (1) QUESTION 3: List the six components of the Army s EO Program: (1) Leader Commitment (2) Sequential and Progressive Training (3) Effective and Responsive Complaint Process (4) Affirmative Action Plan (5) Feedback Mechanisms (6) Equal Opportunity Advisors Ref: TSP 121-050-8010 (SH-3), p SH-3-9 QUESTION 4: Who is the command s EO officer who is personally responsible and accountable for the EO climate within the unit? a. The commander Ref: AR 600-20 (SH-2), p 41, para 6-2g and 6-2g (1) QUESTION 5: What is the time limit for a new commander to conduct a unit climate assessment upon assuming command? d. Within 90 days (180 days for USAR units) and annually thereafter. Ref: AR 600-20 (SH-2), p 42, para 6-2g (12) QUESTION 6: Who is primarily responsible for recommending appropriate remedies to eliminate and prevent unlawful discrimination and sexual harassment? b. The Equal Opportunity Advisor (EOA) Ref: AR 600-20 (SH-2), p 42, para 6-2h (5) QUESTION 7: What position must Commanders appoint a member of the chain of command in the rank of SSG through 1LT to assist in carrying out the EO Program? b. Equal Opportunity Representative (EOR) Ref: AR 600-20 (SH-2), p 43, para 6-2i QUESTION 8: Racism is a concept with behaviors or actions that violate the Army s EO policies. What is the definition of racism? c. Any attitude or action by an individual, group, or institution to subordinate another person or group because of skin color or other physical traits associated with a particular group. Ref: TSP 121-050-8010 (SH-3), p SH-3-13 C-6
QUESTION 9: Sexism is a concept with behaviors or actions that violate the Army s EO policies. What is the definition of sexism? b. An attitude, behavior, or conditioning that fosters stereotypes of social roles based on sex or gender. Ref: TSP 121-050-8010 (SH-3), p SH-3-13 QUESTION 10: Prejudice is a concept with behaviors or actions that violate the Army s EO policies. What is the definition of prejudice? a. A negative attitude or feeling toward certain groups based upon faulty and inflexible generalizations. Ref: TSP 121-050-8010 (SH-3), p SH-3-14 QUESTION 11: Of the items listed below, identify four that are EO and sexual harassment violations that are subject to the UCMJ: They are all EO or sexual harassment violations, but b, c, f, and g are subject to the UCMJ. Ref: TSP 121-050-8010 (SH-3), pp SH-3-2 and SH-3-3 QUESTION 12: List four actions you, as a unit leader, may take in response to violations of the EO and sexual harassment policies. Any four of the following actions would be correct: On-the-Spot Corrections Counseling-Verbal and/or Written Training/Education Deny Promotion/Advancements Decisions concerning awards, training, or schools Changes in duties or responsibilities Transfer or reassignment Bar to reenlistment Separation Ref: TSP 121-050-8010 (SH-3), SH-3-17 thru SH-3-19 QUESTION 13: What is the policy of the Army on Sexual Harassment? The policy of the Army is that sexual harassment is unacceptable conduct and will not be tolerated. Ref: AR 600-20 (SH-2), p 52, para 7-3a QUESTION 14: What is Sexual Harassment? A form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Ref: AR 600-20 (SH-2), p 52, para 7-4a QUESTION 15: What are the three categories of sexual harassment? (1) Verbal (2) Nonverbal (3) Physical contact Ref: AR 600-20 (SH-2), pp 52 and 53, para 7-5a thru c QUESTION 16: What are the two types of sexual harassment? (1) Quid Pro Quo (2) Hostile environment Ref: AR 600-20 (SH-2), p 53, para 7-6a and b C-7
QUESTION 17: List five techniques of dealing with sexual harassment. (1) Direct Approach (2) Indirect Approach (3) Third Party (4) Chain of Command (5) File a Formal Complaint Ref: AR 600-20 (SH-2), p 53, para 7-7a thru e C-8
Appendix D HANDOUTS FOR LESSON 1: L327 version 1 This appendix contains the items listed in this table-- Title/Synopsis SH-1, Advance Sheet SH-2, Extract AR 600-20 SH-3, Extract from TSP 121-050-8010 SH-4, Situation: Green vs Brown Pages SH-1-1 SH-2-1 SH-3-1 thru SH-3-26 SH-4-1 D-1
Advance Sheet for L327 Student Handout 1 Lesson Hours This lesson consists of one-hour of small group instruction. Overview During this lesson you will learn about the Army s Equal Opportunity Program along with the Army s policies on sexual harassment. You will learn the leader s roles and responsibilities regarding these subjects, the Army s commitment to fair and equal treatment, the complaint process, and methods to resolve problems. Learning Objectives Terminal Learning Objective (TLO). Action: Determine individual and leader actions to ensure compliance with the Army s Equal Opportunity (EO) Program. Conditions: Standard: As a section leader in a classroom environment given extracts from AR 600-20, TSP 121-050-8010, and student handouts. Determined individual and leader actions to ensure compliance with the Army s Equal Opportunity (EO) Program IAW AR 600-20 and TSP 121-050-8010. Learning Steps/Activities (LS/As). LS/A 1 LS/A 2 LS/A 3 LS/A 4 LS/A 5 Discuss the key elements of the EO policy. Discuss unit leadership responsibilities for Equal Opportunity and Sexual Harassment policies compliance. Discuss the different behaviors that constitute EO and sexual harassment violations. Discuss appropriate individual and leader actions that prevent sexual harassment. Discuss leader actions to resolve EO complaints. Assignment The student assignments for this lesson are: Before class-- Read Student Handouts 1 thru 4. Complete PE-1. Additional Subject Area Resources None Bring to Class Student Handouts 1 thru 4. SH-1-1
Student Handout 2 Extract from AR 600-20, Army Command Policy This student handout contains 29 pages of extracted material from the following publication: AR 600-20, Army Command Policy 13 May 2002. Description Pages Chapter 4, Military Discipline and Conduct 17 thru 23 Chapter 6, Equal Opportunity Program in the Army 40 thru 49 Chapter 7, Prevention of Sexual Harassment 52 thru 54 Appendix E, EO/Sexual Harassment Complaint 66 thru 73 Processing System Disclaimer: The training developer downloaded this extract from the U.S. Army Publishing Agency Home Page. The text may contain passive voice, misspellings, grammatical errors, etc., and may not be in compliance with the Army Writing Style Program. RECOVERABLE PUBLICATION YOU RECEIVED THIS DOCUMENT IN A DAMAGE-FREE CONDITION. DAMAGE IN ANY WAY, TO INCLUDE HIGHLIGHTING, PENCIL MARKS, OR MISSING PAGES WILL SUBJECT YOU TO PECUINARY LIABILITY (STATEMENT OF CHARGES, CASH COLLECTION, ETC.) TO RECOVER PRINTING COST. SH-2-1
or fail to clear their personal accounts before departure from their stations. This includes consideration under Articles 15, 121, 123a, 133, or 134, Uniform Code of Military Justice. When indebtedness information is received after a soldier departs from the station, the commanding officer of the station at which personal accounts remain unsettled will take action outlined in AR 600-15. 4 9. Civil status of members of the Reserve component a. Reserve Component members, not serving on active duty, are not for most purposes considered officers or employees of the United States solely by reason of their Reserve status. They may accept and receive pay for employment in any civil branch of the public service, in addition to any pay and allowances they may be entitled to under the laws governing members of RCs. b. A member of the RC, not serving on active duty, may practice his or her civilian profession or occupation before or in connection with any department of the Federal Government unless prohibited by law. c. Conflict of interest laws impose limitations on activities in which persons may engage after terminating active duty or employment by the United States. A reservist who has handled a government matter shall not, while in a civilian status, represent any party, other than the government, in connection with the same particular matter. (See 18 USC 207.) While handling government matters, reservists will not take any direct or indirect action in a particular matter in which they have an outside financial interest. (See 18 USC 208; DODD 5500.7-R, para 5-408.) d. ARNG and USAR soldiers who are officers and employees of the United States or the District of Columbia are entitled to a leave of absence from their civilian employment when ordered under Title 39, District of Columbia Code to ADT or annual training (AT). This leave of absence will be granted without loss of pay, time, or efficiency rating on all days during which they are ordered to duty with troops or field exercises, or for instruction, for periods not over 15 days in any calendar year. As an exception, officers and employees of the United States or of the District of Columbia who are members of the Army National Guard of the District of Columbia are authorized leave for all days (no limit) on which they are ordered under Title 39, District of Columbia Code to duty for parades or encampment under 5 USC 6323. e. ARNG and USAR soldiers may accept and be paid for civil employment with any foreign government, when approved by the Secretary of the Army and the Secretary of State. This includes any concern controlled in whole or in part by a foreign government. AR 600-291 is used for processing applications. 4 10. Participation in support of civilian law enforcement agencies a. Military support of civilian law enforcement is governed by the Posse Comitatus Act (18 USC 1385), 10 USC Sections 371-382, DODD 5525.5, and AR 500-51. Commanders will not sanction use of military personnel in support of civilian law enforcement agencies in the 50 states, the District of Columbia, the Common Wealth of Puerto Rico, or United States Territories, except when authorized by law. Because this is a complex area of the law, commanders and law enforcement personnel should consult with their servicing judge advocate or legal advisor. b. Military personnel may report crimes or other suspicious activities to civilian police agencies or cooperate with civilian authorities in their capacities as private citizens. Military law enforcement personnel may exchange information with civilian authorities according to AR 500-51. 4 11. Membership campaigns DA recognizes and benefits from the activities of many worthy organizations, associations, and clubs. Many of these organizations enjoy close, historical ties with the military community and are composed largely of active or retired military personnel. DA support of private organizations is strictly regulated by DODI 1000.15 and DODD 5500.7-R. a. In supporting such organizations and associations, post commanders and heads of DA Staff agencies will- (1) Ensure membership among personnel under their jurisdiction is truly voluntary. (2) Prohibit any practice that involves or implies compulsion, coercion, influence, or reprisal in the conduct of membership campaigns. This prohibition includes repeated orientations, meetings, or similar counseling of persons who have chosen not to join after given a chance to do so. It also includes using membership statistics in support of supervisory influence. (3) Prohibit any practice that involves or implies DA sponsorship or endorsement of the organization and its activities. (4) Prohibit the use of government property, facilities, or services, e.g., golf course membership, as an inducement to join a private organization. b. This policy does not prohibit commanders from informing personnel without coercion about membership in such organizations. When doing so, commanders will ensure they do not favor one organization over others. 4 12. Extremist organizations and activities Participation in extremist organizations and activities by Army personnel is inconsistent with the responsibilities of military service. It is the policy of the United States Army to provide equal opportunity and treatment for all soldiers without regard to race, color, religion, gender, or national origin. Enforcement of this policy is a responsibility of AR 600-20 13 May 2002 17
command, is vitally important to unit cohesion and morale, and is essential to the Army s ability to accomplish its mission. It is the commander s responsibility to maintain good order and discipline in the unit. Every commander has the inherent authority to take appropriate actions to accomplish this goal. This paragraph identifies prohibited actions by soldiers involving extremist organizations, discusses the authority of the commander to establish other prohibitions, and establishes that violations of prohibitions contained in this paragraph or those established by a commander may result in prosecution under various provisions of the UCMJ. This paragraph must be used in conjunction with DODD 1325.6, Subject: Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces. a. Participation. Military personnel must reject participation in extremist organizations and activities. Extremist organizations and activities are ones that advocate racial, gender or ethnic hatred or intolerance; advocate, create, or engage in illegal discrimination based on race, color, gender, religion, or national origin or advocate the use of or use force or violence or unlawful means to deprive individuals of their rights under the United States Constitution or the laws of the United States, or any State, by unlawful means. b. Prohibitions. Soldiers are prohibited from the following actions in support of extremist organizations or activities. Penalties for violations of these prohibitions include the full range of statutory and regulatory sanctions, both criminal (UCMJ), and administrative. (1) Participating in public demonstrations or rallies. (2) Attending a meeting or activity with the knowledge that the meeting or activity involves an extremist cause when on duty, when in uniform, when in a foreign country (whether on or off duty or in or out of uniform), when it constitutes a breach of law and order, or when it is likely to result in violence or when in violation of off limits sanctions or commander s order. (3) Fund raising activities. (4) Recruiting or training members (including encouraging other soldiers to join). (5) Creating, organizing or taking a visible leadership role in such an organization or activity. (6) Distributing literature on or off a military installation, the primary purpose and content of which concerns advocacy or support of extremist causes, organizations, or activities; and it appears that the literature presents a clear danger to the loyalty, discipline, or morale of military personnel, or the distribution would materially interfere with the accomplishment of a military mission. c. Command authority. Commanders have the authority to prohibit military personnel from engaging in or participating in any other activities that the commander determines will adversely affect good order and discipline or morale within the command. This includes, but is not limited to, the authority to order the removal of symbols, flags, posters, or other displays from barracks, to place areas or activities off-limits (see AR 190-24), or to order soldiers not to participate in those activities that are contrary to good order and discipline or morale of the unit or pose a threat to health, safety, and security of military personnel or a military installation. d. Command Options. Commander s options for dealing with a soldier s violation of the prohibitions include- (1) UCMJ action. Possible violations include- (a) Article 92-Violation or failure to obey a lawful general order or regulation. (b) Article 116-Riot or breach of peace. (c) Article 117-Provoking speeches or gestures. (d) Article 134-General article, specifically, conduct which is prejudicial to good order and discipline or service discrediting. (2) Involuntary separation for unsatisfactory performance or misconduct, or for conduct deemed prejudicial to good order and discipline or morale. (3) Reclassification actions or bar to reenlistment actions, as appropriate. (4) Other administrative or disciplinary action deemed appropriate by the commander, based on the specific facts and circumstances of the particular case. e. Command Responsibility. Any soldier involvement with or in an extremist organization or activity, such as membership, receipt of literature, or presence at an event, could threaten the good order and discipline of a unit. In any case of apparent soldier involvement with or in extremist organizations or activities, whether or not violative of the prohibitions in subparagraph b, commanders must take positive actions to educate soldiers, putting them on notice of the potential adverse effects that participation in violation of Army policy may have upon good order and discipline in the unit and upon their military service. These positive actions include- (1) Educating soldiers regarding the Army s equal opportunity policy. Commanders will advise soldiers that extremist organizations goals are inconsistent with Army goals, beliefs, and values concerning equal opportunity. (2) Advising soldiers that any participation in extremist organizations or activities: (a) Will be taken into consideration when evaluating their overall duty performance, to include appropriate remarks on evaluation reports. (b) Will be taken into consideration when selections for positions of leadership and responsibility are made. (c) Will result in removal of security clearances, where appropriate. (d) Will result in reclassification actions or bar to reenlistment actions as appropriate. AR 600-20 13 May 2002 18
(3) The commander of a military installation or other military controlled facility under the jurisdiction of the United States shall prohibit any demonstration or activity on the installation or facility that could result in interference with or prevention of orderly accomplishment of the mission of the installation or facility, or present a clear danger to loyalty, discipline, or morale of the troops. Further, such commanders shall deny requests for the use of military controlled facilities by individuals or groups that engage in discriminatory practices or for activities involving such practices. f. Commanders should seek the advice and counsel of their legal advisor when taking actions pursuant to this policy. 4 13. Army language policy English is the operational language of the Army. Soldiers must maintain sufficient proficiency in English to perform their military duties. Their operational communications must be understood by everyone who has an official need to know their content, and, therefore, must normally be English. However, commanders may not require soldiers to use English unless such use is clearly necessary and proper for the performance of military functions. Accordingly, commanders may not require the use of English for personal communications which are unrelated to military functions. 4 14. Relationships between soldiers of different rank a. The term officer, as used in this paragraph, includes both commissioned and warrant officers unless otherwise stated. The provisions of this paragraph apply to both relationships between Army personnel and between Army personnel and personnel of other military services. This policy is effective immediately, except where noted below, and applies to different-gender relationships and same-gender relationships. b. Relationships between soldiers of different rank are prohibited if they: (1) Compromise, or appear to compromise, the integrity of supervisory authority or the chain of command. (2) Cause actual or perceived partiality or unfairness. (3) Involve, or appear to involve, the improper use of rank or position for personal gain. (4) Are, or are perceived to be, exploitative or coercive in nature. (5) Create an actual or clearly predictable adverse impact on discipline, authority, morale, or the ability of the command to accomplish its mission. c. Certain types of personal relationships between officers and enlisted personnel are prohibited. Prohibited relationships include- (1) On-going business relationships between officers and enlisted personnel. This prohibition does not apply to landlord/tenant relationships or to one-time transactions such as the sale of an automobile or house, but does apply to borrowing or lending money, commercial solicitation, and any other type of on-going financial or business relationship. Business relationships which exist at the time this policy becomes effective, and that were authorized under previously existing rules and regulations, are exempt until March 1, 2000. In the case of Army National Guard or United States Army Reserve personnel, this prohibition does not apply to relationships that exist due to their civilian occupation or employment. (2) Dating, shared living accommodations other than those directed by operational requirements, and intimate or sexual relationships between officers and enlisted personnel. This prohibition does not apply to- (a) Marriages. (b) Relationships (dating, shared living accommodations, and intimate or sexual relationships) outside of marriage that predate the effective date of this policy until 1 March 2000. (c) Situations in which a relationship which complies with this policy would move into non-compliance due to a change in status of one of the members (for instance, a case where two enlisted members are married and one is subsequently commissioned or selected as a warrant officer). (d) Personal relationships outside of marriage between members of the National Guard or Army Reserve, when the relationship primarily exists due to civilian acquaintanceships, unless the individuals are on active duty (other than annual training) or Full-time National Guard duty (other than annual training). (e) Personal relationships outside of marriage between members of the Regular Army and members of the National Guard or Army Reserve when the relationships primarily exists due to civilian association and the Reserve component member is not on active duty (other than annual training) or Full-time National Guard duty (other than annual training). (f) Soldiers and leaders share responsibility, however, for ensuring that these relationships do not interfere with good order and discipline. Commanders will ensure that personal relationships which exist between soldiers of different ranks emanating from their civilian careers will not influence training, readiness, or personnel actions. (3) Gambling between officers and enlisted personnel. d. These prohibitions are not intended to preclude normal team building associations which occur in the context of activities such as community organizations, religious activities, family gatherings, unit-based social functions, or athletic teams or events. e. All military personnel share the responsibility for maintaining professional relationships. However, in any relationship between soldiers of different grade or rank the senior member is generally in the best position to terminate or limit the extent of the relationship. Nevertheless, all members may be held accountable for relationships that violate this policy. AR 600-20 13 May 2002 19
f. Commanders should seek to prevent inappropriate or unprofessional relationships through proper training and leadership by example. Should inappropriate relationships occur, commanders have available a wide range of responses. These responses may include counseling, reprimand, order to cease, reassignment, or adverse action. Potential adverse action may include official reprimand, adverse evaluation report(s), nonjudicial punishment, separation, bar to reenlistment, promotion denial, demotion; and courts martial. Commanders must carefully consider all of the facts and circumstances in reaching a disposition that is warranted, appropriate, and fair. 4 15. Other prohibited relationships a. Trainee and soldier relationships. Any relationship between permanent party personnel and IET trainees not required by the training mission is prohibited. This prohibition applies to permanent party personnel without regard to the installation of assignment of the permanent party member or the trainee. b. Recruiter and recruit relationships. Any relationship between permanent party personnel assigned or attached to the United States Army Recruiting Command and potential prospects, applicants, members of the Delayed Entry Program (DEP), or Members of the Delayed Training Program (DTP) not required by the recruiting mission is prohibited. This prohibition applies to United States Army Recruiting Command Personnel without regard to the unit of assignment of the permanent party member and the potential prospects, applicants, DEP members, or DTP members. 4 16. Fraternization Violations of paragraphs 4-14b, 4-14c, and 4-15 may be punished under Article 92, UCMJ, as a violation of a lawful general regulation. 4 17. Standards of conduct Department of the Army personnel must place loyalty to country, ethical principles, and law above private gain and other personal interests. The performance of their duties should be in keeping with the highest tradition of military and civilian service to the U.S. Government. a. Guidance. Minimum standards of conduct required of all Soldiers and Army civilians are prescribed by the Joint Ethics Regulation, DODD 5500.7-R. That regulation provides Army personnel with guidance on a multitude of ethical issues including the avoidance of conflicts of interests between their commercial/financial interest and their official duties. b. Annual training. Commanders at all levels will ensure that all Army personnel required to file either a public or confidential financial disclosure report, contracting officers, procurement officials, and others identified by an Army ethics counselor, receive annual ethics training as prescribed by DODD 5500.7-R. 4 18. Employment and volunteer work of spouse a. The Army affirms the rights of a spouse of a soldier to pursue and hold a job, attend school, or perform volunteer services on or off a military installation. No DA official will, directly or indirectly, impede or otherwise interfere with these rights. Moreover, no DA official will use the preferences and requirements of the Army or any other DOD component to influence the employment, educational, or volunteer service decisions of a spouse. Neither will such decision of a spouse, nor the marital status of the soldier affect, favorably or adversely, the performance evaluations, assignments, or promotion opportunities of the soldier. (1) In discharging their responsibilities, members of military promotion, continuation, and similar personnel selection boards are prohibited from considering the marital status of a soldier, or the employment, educational, or volunteer service activities of a soldier s spouse. AR 135-155, AR 135-205, AR 140-158, and AR 600-8-29 provide specific policies governing board conduct. (2) Personnel decisions, including those related to the assignments of soldiers, will not be affected favorably or adversely, by the employment, educational or volunteer services activities of a soldier s spouse, or solely by reason of a soldiers marital status. AR 140-10, AR 614-30, AR 614-100, AR 614-200, and AR 690-700 provide specific policies. Exceptions may be- (a) Necessary to alleviate the personal hardship of a soldier or spouse upon the request of the soldier concerned, such as when a family member requires specialized medical treatment or educational provisions or similar personal preference accommodations. (b) Needed to facilitate the assignment of dual-military couples to the same geographic area. (c) Required by law such as instances in which a prohibited conflict of interest may exist between the official duties of a soldier and the employment of the soldier s spouse. DODD 5500.7-R, The Joint Ethics Regulation, provides specific policies. (d) Made by the Assistant Secretary of Defense (Personnel and Readiness), with the concurrence of the General Counsel, on a case-by-case basis, for reasons of national security, that marital status is an essential assignment qualification for particular military billets or positions. (3) Performance appraisals on soldiers, including officer and enlisted evaluations reports, will not contain any information regarding the employment, educational or volunteer service activities of the soldier s spouse, or reflect AR 600-20 13 May 2002 20
favorably or adversely on the member based solely on the soldier s marital status. AR 623-1, AR 623-105, and 623-205 provide specific policies. b. Violations of this policy provide a basis for disciplinary action under the UCMJ in addition to appropriate administrative sanctions. 4 19. Homosexual conduct policy The DCS, G-1 is responsible for the U.S. Army Homosexual Conduct Policy. a. General. (1) This policy implements section 654 of Title 10, United States Code. Department of Defense has stated that the suitability of persons to serve in the Army is based on their conduct and their ability to meet required standards of duty performance and discipline. (2) Definitions are as follows: (a) Bisexual. A person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in both homosexual and heterosexual acts. (b) Homosexual. A person, regardless of sex, who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts as further described in (3) below. (c) Sexual orientation. An abstract sexual preference for persons of a particular sex, as distinct from a propensity or intent to engage in sexual acts. (3) Homosexual conduct. Homosexual conduct is a homosexual act, a statement by a soldier that demonstrates a propensity or intent to engage in homosexual acts, the solicitation of another to engage in homosexual act or acts, or a homosexual marriage or attempted marriage. (a) A homosexual act means any bodily contact, actively undertaken or passively permitted, between members of the same sex for the purpose of satisfying sexual desires and any bodily contact (for example, hand-holding, slow dancing, or kissing) that a reasonable person would understand to demonstrate a propensity or intent to engage in such bodily contact. (b) A statement by a person that he or she is a homosexual or bisexual or words to that effect means language or behavior that a reasonable person would believe intends to convey the statement that a person engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. This may include statements such as I am a homosexual, I am gay, I am a lesbian, I have a homosexual orientation, and the like. (c) A homosexual marriage or attempted marriage is when a person has married or attempted to marry a person known to be of the same biological sex (as evidenced by the external anatomy of the person involved). b. Accession policy. A person s sexual orientation is considered a personal and private matter and is not a bar to entry or continued service unless manifested by homosexual conduct in a manner described in a(3). Applicants for enlistment, appointment, or induction into the Army will not be asked or required to reveal whether they are heterosexual, homosexual or bisexual. Applicants also will not be required to reveal whether they have engaged in homosexual conduct unless independent evidence is received indicating that the applicant engaged in such conduct or unless the applicant volunteers a statement that he or she is a homosexual or bisexual or words to that effect. Homosexual conduct is grounds for barring entry into the army, except as provided in AR 601-210. Applicants will be informed of the laws and regulations governing sexual conduct in the armed services, including homosexual conduct as defined in a(3). AR 601-210, and NGBR 600-200 governs the Army accession policy. c. Separation policy. Homosexual conduct is grounds for separation from the army under the terms set forth in paragraph a (3). AR 635-100, AR 635-200, AR 135-175, and 135-178, govern Army separation policies. d. Guidelines for command-directed fact-finding inquiries into homosexual conduct. (1) Responsibilities. (a) Only a soldier s commander is authorized to initiate fact-finding inquiries involving homosexual conduct. A commander may initiate a fact-finding inquiry only when he or she has received credible information that there is a basis for discharge. Commanders are accountable for ensuring that inquiries are conducted properly and that no abuse of authority occurs. (b) A fact-finding inquiry may be conducted by the commander personally or by a person he or she appoints. It may consist of an examination of the information reported or a more extensive investigation as necessary. (c) The inquiry should gather all credible information that directly relates to the grounds for possible separation. Inquiries shall be limited to the actual circumstances directly relevant to the specific allegations. (d) If a commander has credible evidence of possible criminal conduct, he or she shall follow the procedures outlined in the AR 27-10 and AR 195-2. (e) These guidelines do not apply to activities of CID and other DOD law enforcement organizations that are governed by AR 195-2. (2) Basis for conducting inquiries. (a) A commander will initiate an inquiry only if he or she has credible information that there is a basis for discharge. Credible information exists when the information, considering its source and the surrounding circumstances, AR 600-20 13 May 2002 21